Multimillion-dollar payout to Mr Ward's family after prison van death

Chalpat Sonti

The family of an Aboriginal elder who roasted to death in searing heat in the back of a prison van will receive a $3.2 million compensation payment from the WA government, one of the largest such payouts in Australian history.

It is an ex-gratia settlement by the government to the family of Mr Ward, whose full name cannot be used for cultural reasons, and includes a $200,000 interim payment already awarded.

It's meant to show contrition... deep, deep, remorse for what has occurred.

Attorney-General Christian Porter today revealed $1.4 million of the money would go to Mr Ward's widow, Nancy Donegan, with amounts of $400,000 to be placed in trust accounts for each of her four children.

Mr Ward, 46, of Warburton, died in January 2008 while being transported 360 kilometres from Laverton to Kalgoorlie to face a drink-driving charge.

Advertisement

Temperatures in the van, operated by private security company G4S, reached more than 50 degrees after it was revealed the air-conditioning in the van was broken.

The compensation - which Mr Porter said was one of the largest ex-gratia payments by a government in Australian history, as well as that of common law countries - came after negotiations with the family's lawyers, the Aboriginal Legal Service, and on receipt of legal advice detailing what action could be brought against the state, and what that case might look like.

It represented an "unequivocal apology" by the government.

"It's meant to show contrition... deep, deep, remorse for what has occurred," Mr Porter said.

It also took into account the fact that no criminal charges would be laid.

While it did not come with an admission of liability, Ms Donegan could still take legal action if she chose.

An "initial view" was that legal action would be likely, Mr Porter said.

"I don't know if that position will change by virtue of this payment," he said.

"If this does not bring finality to the family, (if civil action was to be launched), we don't want to stand in the way of Ms Donegan embarking on that action."

ALS chief executive Dennis Eggington said that his organisation would consult with Mr Ward's family about possible civil proceedings against both the government and G4S.

The ALS also requested further information to determine whether it would apply to have a coronial inquest into the death reopened.

He described the culpability of G4S as "astronomical" and called on the company to apologise.

"That's the least G4S can do," he said. "They have been very quiet in all of this. We've been very disappointed."

ALS director of legal services Peter Collins said the role of G4S in Mr Ward's death was "absolutely diabolical".

"It was their van, their employees driving the van, at a bare minimum (G4S) should be offering compensation to the family," he said.

If Ms Donegan was successful in any legal action against the government, the ex-gratia payment would be subtracted from any damages she might receive, Mr Porter said.

She had indicated she would use the payment to buy a house in or around Kalgoorlie, distribute about $110,000 to members of Mr Ward's extended family and place the rest in a trust account with the National Australia Bank.

The eldest of her children had recently turned 18 and could, if he wished, dissolve his trust fund, though he would be encouraged to use some of the money to purchase a property.

The public trustee would administer the childrens' trust funds.

The ALS had yet to talk to the family about whether it considered the amount of compensation adequate, however Mr Eggington said it would recommend the family look at other alternatives than the public trustee to manage the children's money.

Mr Porter, when asked if the same circumstances would apply to payments given to a non-Indigenous family, said there had been some internal debate within government on whether the approach was "too prescriptive or not prescriptive enough".

The government last year awarded Andrew Mallard $3.25 million as an ex-gratia payment for serving 12 years jail for a murder he did not commit. No conditions were placed on that payment.

State Coroner Alastair Hope found the two security guards who transferred Mr Ward were in part to blame for his death.

However, Director of Public Prosecutions Joe McGrath announced last month that no charges would be laid against those responsible because of a lack of criminal evidence.

WorkSafe WA launched its own investigation earlier this month. It has six months to decide whether or not to prosecute.

Mr Porter said his personal view was that G4S "should be doing something" to help Mr Ward's family, but that was a matter ultimately for the company.

Its contract to run the prison transport service expires next year and will be put up for tender. The company's previous record would be considered if it bid for the contract, and that record "is not good", Mr Porter said.

Mr Hope made 14 recommendations last year to improve prison transport, but a recent report by Custodial Services inspector Neil Morgan found progress had been mixed.

Though the government had committed to replacing some of its transport vehicles a month after Mr Ward's death, only a "handful" of new vehicles were on the road more than a year later.

"Transport providers and their passengers were having to make do with the same decrepit fleet, notwithstanding certain modifications to vehicles and procedures that had been made following the death of Mr Ward," Mr Morgan said.

Mr Porter said the death occurred under the watch of the previous Labor government, and all prison transport vehicles would be replaced by the end of this year.

The state government was also holding discussions with Mr Ward's extended family about funding community facilities in the Warburton area.

The extended family could also apply for ex-gratia payments, "but payment would be extraordinary" in those circumstances, Mr Porter said.

Opposition justice spokesman John Quigley claimed the payment to Ms Donegan fell about $600,000 short of what Mr Ward, a lands officer, could have reasonably expected to earn in the remainder of his working life.

G4S should have been prosecuted.

"If this had been a dog that died in the back of that prison van the RSPCA 100 per cent would have prosecuted the person who put the dog in the back of the prison van," he said.

Labor had "unequivocally apologised" for the death.

"We don't shy away from the past," he said.

Melissa Parke, the federal Labor MP for Fremantle, this week called for a royal commission into the state justice system's treatment of Aborigines.

50 comments so far

Rightly so.

But the money should come from private security company G4S, not the WA government, as it was this company that murdered the man.

Commenter

Riddley

Location

Preston

Date and time

July 29, 2010, 12:49PM

Another waste of taxpayers dollars - as this could of simply been avoided by not transporting the prisoner under these poor conditions.

Commenter

concerned citizen

Date and time

July 29, 2010, 12:57PM

Fantastic, but bittersweet news for the Ward family. And long overdue. Obviously no amount of money can compensate for a tragedy that should bever have been allowed to occur in the first place, but at least the Ward family can now enjoy some comfort and small justice that the money will bring.

Commenter

Rod

Location

Perth

Date and time

July 29, 2010, 12:58PM

In some ways dollars will never be enough to compensate the loss of a loved one and community leader. This amount acknowledges the State's responsibility for Mr Ward's death. The call for A Royal Commission by the Member for Fremantle cites something from about a hundred years ago, but fails to acknowledge the work of the Royal Commission Into Aboriginal Deaths In Custody, which reported almost 20 years ago. The RCIADIC provided a template for reform, which largely remains under-implemented. Maybe, we need to re-visit its recommendations.

Commenter

Stephen Hall

Location

Perth

Date and time

July 29, 2010, 12:59PM

I hereby declare that in the event that I am ever involved a crime as victim or perpetrator, or involved in any kind of scandal or controversy whatsoever, I do not want my name to be published, for cultural reasons.

And why shouldn't I require this ? Its a non-racist country, right ?

Commenter

enno

Location

sydney

Date and time

July 29, 2010, 1:00PM

Let the good times roll

Commenter

Andrew

Date and time

July 29, 2010, 1:02PM

And yet a 15yo white boy who was falsely accused of rape and sent to juvenile prison on remand for 9 months gets nothing. Not even an apology.

His family have now lost their house to meet the legal bill defending a crime that did not exist.

Where is the justice ?

Commenter

James

Date and time

July 29, 2010, 1:03PM

That'll be squandered in 2 minutes flat! Not that I condone roasting anybody to death...what a horrible way to die, surely there were protocols in place for transport of prisoners, if not, why not and why doesn't the private company have to pay?

Commenter

Pam

Date and time

July 29, 2010, 1:23PM

Fair go Enno. Understand that the cultural reasons are in respect to a deceased person. It's not my culture either but I have complete sympathy especially in this instance where the circumstances are quite horrifying. It beggars belief that this could have happened.

Commenter

Bendigo Kev

Date and time

July 29, 2010, 1:30PM

Completely agree with Riddley.

Chalpat, you will abide by cultural beliefs and not publish the Elder's full name (and rightly so), but have no problems describing him as being 'roasted to death' - I'm quite sure that's not medically recognised.Is there really a need to deliberately use such a lurid term to describe his tragic death?

I long for the days that journo's start exercising some decorum, particularly when reporting already distressing events.

8 Jul
WorkSafe WA has six months in which to decide whether to prosecute the Department of Corrective Services and prison van guards responsible for transferring an Aboriginal elder who died of heatstroke.

28 Jun
The WA Labor Party's time in power was one of boom and achievement, but its legacy will always be tinged with the shame of an Aboriginal elder's death in custody, WA Opposition Leader Eric Ripper says.

20 Jan
Family and supporters of an Aboriginal elder who died in searing heat in the back of a prison van have launched a stinging attack on state government agencies and have called for closed investigations to be re-opened.

Hodson's daughter: Witness protection not safe

"I feel sorry for anyone coming into witness protection," says the tearful daughter of police informer Terence Hodson after the State Coroner delivered an open finding into his murder and that of his wife Christine in 2004.